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Chapter Law Content

Chapter 7 Sanitation and Healthcare
Article 37
Detention centers shall pay attention to environmental hygiene. Each detention center will determine the frequency of regular environment hygiene inspection conducted in accordance with Article 45 of the Act based on the local situations, which however shall be performed at least twice every year.
Detention centers may ask local health, environmental protection agencies (units) or relevant agencies (units) to assist in the environmental hygiene inspection under the preceding paragraph and may undertake necessary and feasible improvement measures immediately or gradually based on the needs for sanitation, environmental protection or other relevant equipment (facilities).
Defendants shall cooperate with the detention center in environmental cleaning work and maintain public and personal hygiene.
Article 38
To promote self-health management of defendants in accordance with Paragraph 1, Article 49 of the Act, detention centers shall implement health education and may ask local health authorities or medical institutions to provide assistance.
Except for controlled drugs, based on doctor’s orders, or the results of observations by detention center personnel where due care shall be exercised with regard to the safekeeping and use of medicines by specific defendants, detention centers may implement self-health management rules in accordance with Paragraph 1, Article 49 of the Act and allow defendants to manage and take medicines on their own.
When a defendant asks to purchase any low-risk medical device or health product or for such equipment or product to be sent into the detention center at the defendant’s own cost in accordance with Paragraph 5, Article 49 of the Act, none of such devices or products shall be provided for use by others.
Article 39
When a defendant or a defendant’s nearest relative or family member requests health examination of the defendant inside detention center in accordance with Paragraph 3, Article 49 of the Act, the following rules shall be complied with:
1. A written statement shall be made to provide the reason for such a request and medical practitioner that the defendant wishes to engage at own cost, and a document showing a physician’s evaluation that such examination is necessary.
2. Following review and approval by the detention center, the defendant or the defendant’s nearest relative or family member may engage medical practitioner to perform health examination for the defendant inside detention center. When the defendant receiving examination is held incommunicado by ruling of the court, the detention center shall prepare relevant data to inform the court or the public prosecutor that made the ruling or detention request.
3. When medical practitioner engaged by a defendant at own cost enters the detention center, he or she shall present his or her practice license and supporting document showing approval to practice outside his/her practice site; if necessary, the detention center may make verification with the practice site.
4. The medical practitioner engaged by the defendant at own cost shall produce and maintain records in accordance with the Medical Care Act and applicable medical professional regulations and deliver the inspection records to the detention center for safekeeping. Any inspection report issued by the medical practitioner shall be consistent with medical professionalism and document the examination result.
5. The medical institution that employs the medical practitioner shall issue a receipt for the expense incurred for health examination and the expense should be paid by defendant’s nearest relative or family member in principle; if necessary, the detention center may deduct and pay the expense from defendant’s money under safekeeping or labor compensation.
6. The detention center shall determine the time, location and manner of health examination to be performed in detention center by medical practitioner engaged by a defendant at own cost based on the nature of examination and actual situation.
Article 40
When a defendant sees a doctor, the defendant shall describe truthfully his or her symptoms and receive treatment as instructed and shall not ask the doctor to add notation that is irrelevant to the defendant’s health condition. If the defendant seeks any regimen or requests special treatment that is not necessary, the doctor shall refuse such request.